Enforcement Action: Monetary PenaltyIssue Date: November 26, 2012
On November 26, 2012, Rhett Christopher Peterson (“R. Peterson”) and Alison Leah Peterson (“A. Peterson”) (together, the “Petersons”) were issued a monetary penalty, jointly and severally, in the single amount of $600. This Monetary Penalty was issued for the following reasons:
- The Petersons, contrary to s. 21(2)(a) of the Homeowner Protection Act (the “Act”), regarding a new home in Dawson Creek, B.C. (the "New Home"), for which an Owner Builder Authorization had been issued, sold the New Home on, or about, February 28, 2012, without providing the prospective purchasers of the New Home, prior to the sale of the New Home, a disclosure notice in a form satisfactory to the Homeowner Protection Office (“HPO”) Registrar stating, among other information, whether or not the New Home was covered by a policy of home warranty insurance;
- A. Peterson contravened s. 21(2)(a) of the Act by virtue of s. 85(1)(b) of the Offence Act, RSBC 1996, c. 338;
- The contravention of s. 21(2)(a) of the Act by the Petersons is the subject of Compliance Order 12-0037 (the “CO”) issued by the HPO on July 17, 2012. The date for complying with the CO was August 24, 2012;
- The CO directed the Petersons to obtain a Disclosure Notice from the HPO for the New Home and once obtained, provide the HPO with evidence that the Petersons had in fact provided this Disclosure Notice for the New Home to the purchasers of the New Home pursuant to s. 21(2)(a) of the Act, and return a signed copy of the Disclosure Notice for the New Home to the HPO;
- The Petersons failed to comply with the CO by the requested compliance date but did comply with the CO on October 11, 2012; and
- The contravention of s.21(2)(a) of the Act makes the Petersons subject to a monetary penalty pursuant to s. 28.3(1)(a) of the Act and s. 20.1(2)(e) of the Homeowner Protection Act Regulation (the “Regulations”).